Month: March 2012

The litigation proceeds under the given law of land called constitution of the country. In India the constitution is largely framed on the basis of Government of India Act of 1935 given by the British. Law in India is deeply influenced by British common law, the American bill of rights, the Irish constitution, the German constitution and few other important legal systems of the world. For this reason the Indian constitution with 22 parts 395 Articles and 12 schedules stands as the biggest written constitution in the world. The democratic system practiced largely follows the British model of parliamentary democracy. For the safeguard of fundamental rights the American model of bill of rights is in practice .The other laws governing the litigation can be the civil procedure code for civil suits and criminal procedure code for the criminal suits here the crimes or charges are defined in the Indian penal code of 1860. All the crimes are committed are inferred as violation against the state, hence the state is always one of the parties in a criminal suit or litigation.
The provision for free legal aid and equal justice is available under Article 39A of the constitution, to the needy party unable to defend himself because of financial reasons or any other disability.
The Constitution provides for the post of an Attorney General of India to offer legal advice to the Union Government. He is appointed and can be dismissed by the President alone. Likewise provisions are made in the Constitution for the appointment of the Advocate General of a State. He is entitled to attend all legislative sessions and take part in discussions on matters in which expert legal knowledge is required. His duty includes advising Government on legal matters pertaining to his state.
The Supreme Court acts as the guardian of the constitution and is the highest court of appeal. The judgments delivered by the Supreme Court have a binding effect on all the other courts in the country. There is a provision for a High court for every state under Article 214. For or two or more smaller states together there can be a single High Court as well. Third level of judiciary often called the subordinate judiciary exists at the district level with provisions mentioned under Article 233 of the constitution.
Hence anybody who find himself aggrieved can approach a court of law in a welfare state and file a suit.